2008-0237
INTRODUCED BY: DENNIS NUSS, COUNCILMAN, DISTRICT VII
PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
ORDINANCE NO.
Title
An ordinance to revise the Code of Ordinances, Chapter 2, Administration, Section 2-12. Qualification Based Selection Procedures for the Procurement of Architects and Engineers.
Body
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances, Chapter 2, Administration, Section 2-12. Qualification Based Selection Procedures for the Procurement of Architects and Engineers, be revised as follows:
Sec. 2-12. Qualification Based Selection Procedures for the Procurement of Architects and Engineers.
This Section shall include the hiring of architects and engineers for all Parish projects.
I. Public Notice.
(a) A written scope of services and specifications shall be prepared by the initiating Department for any architectural or engineering project requested for consideration by Parish Government.
(b) A public notice (see exhibit "A") entitled "Request for Qualification Statements" (RFQ) [not included in this Section] substantially in accordance with the form attached hereto shall be published in the Official Journal of the Parish and on the Parish's official web page to be maintained by the Public Works/Wastewater Department and shall contain the following information:
(1) Name and address of Parish Council and the name of the designated contact person.
(2) A description of the project and the nature of the architectural or engineering services required, including the project location.
(3) Project budget or construction costs estimate and time schedule (if known).
(4) Any special requirement pertinent to the nature of the proposed project (if any).
(5) A deadline date for receipt of submittals.
(6) A prohibition statement expressly forbidding architects, engineers, or their firms, or parties with financial interest to contact, lobby, solicit, or attempt to influence any QBS Panel Member prior to or following the selection process.
(7) A statement providing notice that a minimum of 50% of the design work is to be performed in-house.
(c) A "certified mail, return receipt requested" mailing list of those firms desiring to receive notices of pending projects can be established for a fee of one hundred dollars ($100.00) per year to offset administrative costs.
II. Submittals.
(a) All interested architects and engineers responding to the public notice should submit a completed professional engineers and related service questionnaire as required by Resolution No. 3380 adopted on October 16, 1989.
(b) All submittals shall be received via certified mail, return receipt requested, or hand delivered on or before the deadline date for receipt of submittals.
III. Review of Submittals.
(a) The Parish Council shall establish a review panel to assess submittals received for each project under consideration [see subsection VII].
(b) The Review Panel shall meet as needed (and in no case more than twice per month) and shall review and evaluate all submittals received.
(1) Firms shall be rated in accordance with the approved rating sheet by the Review Panel Members.
(2) The top three (3) firms shall be ranked. Each Panel Member shall be required to sign his or her rating sheets for firms ranked as the top three (3). In case of a tie of the top three (3) firms, all tying firms shall be considered in the subsequent round of scoring.
(3) The Review Panel shall award the following points to the top firms with the understanding that Panel Members must vote for all places considered:
3 points for the first rated firm
2 points for the second rated firm
1 point for the third rated firm
(4) Total the scores from step (3) and rate the firms.
(5) In the event of a tie in step (4), the Review Panel shall have a runoff vote for the tying firms. This vote shall be a single vote by each Panel Member until one of the tying firms receives a majority vote. If there is a tie on the second vote, then there shall be a discussion among the Panel Members and a re-vote until the tie is broken.
(6) Every firm shall divulge any partnerships, joint ventures, subcontracts, or any business relationship with any other engineering or architectural firm(s) whom they plan to utilize to complete a project. Any firm failing to divulge information relating to a relationship shall be guilty of a misdemeanor punishable by a fine up to one thousand dollars ($1,000.00) and/or a maximum confinement of six (6) months in prison and shall be expressly forbidden from competing for future architectural or engineering projects with St. Charles Parish.
(c) In the event that less than 3 submittals are received, the Director of the affected Parish Department, Board, Special District, or Commission shall request submittals from firms not responding to public notices, and those firms must comply with all submittal requirements in order to be considered by the Review Panel.
(d) If several submittals are received, a "short list" comprised of three (3) submittals shall be established in order from highest ranked to lowest ranked. In establishing and ranking of this short list, the Review Panel should consider completeness of the forms and applicability of experience and qualifications related to the required services. The Panel is encouraged to check references of the firm by telephone or letter.
(e) The Review Panel may desire to further examine the experience and qualifications of the "short listed" firms through personal interviews. In such case, the firms identified by the ranked submittals should be notified in writing and should be invited to scheduled interviews. Adequate time should be allowed for this interview so that a firm's qualifications can be carefully discussed and the firms can describe how they would plan to organize their firm for the project. (See exhibit "C" [not printed in this Section].)
(f) After the interview, the Review Panel should reconvene and create a new ranking of the firms based on the evaluation of references and findings of the interviews. The top-ranked firm should be invited to negotiate terms and conditions of the contract, excluding fees, for professional services with the Review Panel.
IV. Special Provisions.
(a) Any contract for consulting engineers or architectural services involving the Public Works, Sewerage, or Waterworks Department of any St. Charles Parish Government Office, Agency, Commission or Special District which would result in a fee in the amount of twenty thousand dollars ($20,000.00) or more shall be awarded based on the recommendation of the review panel. Any such project resulting in a fee of less than the twenty thousand dollars ($20,000.00) threshold shall be handled Administratively by the appropriate Department, in its sole discretion, from utilizing this selection process whenever it is deemed appropriate. At the next regularly scheduled Council Meeting following the award of such contracts, the Administration shall address the Parish Council informing the Council of the contract, the service provider, the purpose of the contract, and the contract amount. In all cases and within five (5) days after execution of any Administrative contract, the Administration shall provide the Parish Council Secretary with an executed copy of each contract, which shall be forwarded to each Council Member. An annual report listing all contracts for consulting engineers or architectural services handled Administratively shall be forwarded by the Administration to the Parish Council thirty (30) to forty-five (45) days prior to the first scheduled Parish budget hearing.
(b) Wherever the term "department" appears in this Section of this Code it shall be interpreted to mean those listed in Subsection (a) above.
(c) In situations where multiple disciplines are involved in a particular project, the Director of the appropriate Department shall have the exclusive authority to determine whether the Review Panel should review the professional services contract (i.e., reimbursable cost for engineering review for subdivision acceptance which is paid by the developers).
(d) In the event that an emergency ordinance is adopted for architectural or engineering work in accordance with Article IV., Section E., of the Home Rule Charter, the QBS Procedures shall be excluded.
V. Negotiations.
(a) The Parish Administration or the Administration of the appropriate Board, Special District or Commission should undertake negotiations with the top-ranked firm as soon as possible after completion of the interview process to establish fees for the services to be performed.
(b) In the event the Parish Administration or the Administration of the appropriate Board, Special District or Commission is unable to negotiate a suitable contract with the first-ranked firm, negotiations should be terminated with that firm, and then initiated with the second-ranked firm. This process should be continued until suitable contractual arrangements with a firm have been satisfactorily consummated. All unsuccessful firms should be so advised by letter.
VI. Award.
(a) Parish Departments. Once suitable contract arrangements with a firm have been satisfactorily consummated, the Parish Administration shall prepare for consideration and approval by the Parish Council the necessary ordinance approving and authorizing the execution of the professional services agreement.
(b) Boards, Special Districts, Commissions. Once suitable contract arrangements have been satisfactorily consummated by the Administration of Board, Special District or Commission, the Parish Council shall be provided written notice of intent to contract. Notice of intent to contract shall be provided to the Parish Council in sufficient time to respond if desired. Said contract shall then be presented to the Governing Authority of that Board, Special District or Commission for consideration and approval.
VII. Review Panel.
(a) Membership.
The Review Panel shall be composed of five (5) members whom must be residents of the Parish of St. Charles or an adjacent Parish. Individuals appointed to serve as a Member of the Panel should preferably be individuals with experience in engineering although not required. The nominated members of the Review Panel as described below are to be individuals submitted to the Council by recommendation of the Local Operations Director and/or the Human Resources Director of the following entities and shall be appointed by the Council to serve thereon:
a. One (1) member shall be filled by appointment of the Parish Council of an individual submitted by Union Carbide Corporation, a wholly owned subsidiary of the Dow Chemical Company;
b. One (1) member shall be filled by appointment of the Parish Council of an individual submitted by Occidental Chemical Corporation;
c. One (1) member shall be filled by appointment of the Parish Council of an individual submitted by Monsanto Company;
d. One (1) member shall be filled by appointment of the Parish Council of an individual submitted by Shell/Motiva;
e. One (1) member shall be filled by appointment of the Parish Council of an individual submitted by Valero St. Charles;
All of whom shall constitute the voting membership of the Review Panel, which shall elect its own chairman and such other officers as it deems necessary and appropriate, and shall have the authority to adopt rules, regulations, policies, procedures, and forms for the conduct of its business, consistent with the objective set forth in the qualification based selection procedures adopted by the Parish Council [Subsections I.-VI. of this Section]. The Parish Council shall appoint a Council Member (and an alternate Council Member should the primary appointee be unable to attend) to serve strictly and only as an independent "observer" at each meeting of the Review Panel.
(b) The Members of the Review Panel shall be appointed by the Parish Council and shall be charged with the responsibility of ranking and creating a short list of architects and engineers in accordance with the provisions set forth hereinafter.
(c) The following regulations shall govern the composition of the Review Panel:
(1) The director and/or any other individual shall be strictly prohibited from influencing the panel or making any comments to the review panel with regards to his opinion of or past experience with any firm or agency being evaluated with the exception of comments by the director regarding past poor performance on previous St. Charles Parish projects.
(2) No two (2) Members of the Review Panel shall be employed by the same firm or agency; and no employee of the Parish Government, Board, Special District, or Commission with the exception of the appropriate Department Director, Board, Special District, or Commission, shall be eligible for appointment to the Review Panel.
(3) Members of the Review Panel may be removed for just and reasonable cause during their terms at the discretion of the Parish Council. In the event a Review Panel Member is removed or resigns, the nominating organization shall have the responsibility of selecting and submitting a new person to fill the unexpired term of the departing member.
(4) Members of the Review Panel shall be reimbursed for mileage to and from meetings.
(5) No firm in which a Review Panel Member is an owner, associate, employee, stockholder or partner shall be eligible to receive any Parish contracts during that individual's term on the Review Panel or for a period of six (6) months following the completion of that individual's service on the Review Panel.
(6) No Member of the Review Panel and no member of that individual's firm shall perform services as a consultant to any firm which has received a Parish contract, based on the recommendation of the Review Panel, during the period of the Review Panel Member's service and for a period of two (2) years thereafter.
(7) The term of office for all Members of the Review Panel shall be for a period of three (3) years, except that the first two (2) Members appointed shall serve for a period of two (2) years and the second two (2) Members appointed shall serve for a period of three (3) years.
(8) All Members of the Review Panel shall be subject to all laws, rules, and regulations governing ethics for Public Officials in Louisiana.
VIII. Prohibition.
Any architectural or engineering firm, including officers and agents, submitting a proposal for review and consideration for a Parish project is expressly forbidden from contacting, lobbying, soliciting or attempting to influence any QBS Panel Member prior to or following the selection process. Violation of this prohibition shall automatically cause the offending firm to be disqualified from consideration for the pending project and may result in disqualification for all future projects for a period to be determined by a majority of the QBS Board. QBS Panel Members shall immediately report any and all violations to the Parish Attorney and the Parish Council.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this _ ___ day of ____________, 2008, to become effective five (5) days after publication in the Official Journal.
AMEND QBS ORDINANCE 6-2-08
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________